Apple Watch Series 9 and Ultra 2 models were initially temporarily banned from direct sales in the US due to a patent dispute with medical tech company Masimo; however, this ban was lifted on December 27th.
The temporary stay should last until January 12th when an appeals court will make its ruling as to whether Apple’s proposed changes to devices (it has developed software fixes) still infringe the patents at issue.
What happened?
Apple has filed an appeal with a US appeals court in an effort to lift its import ban on Series 9 and Ultra 2 smartwatches, but sales won’t begin until at least January 12th when US Customs makes its determination on proposed redesigns that may avoid infringing upon medical tech firm Masimo’s patents.
If Apple fails to approve redesigns, the ban may remain until they can create software fixes that circumvent patent disputes – however Masimo CEO Joe Kiani does not believe this is possible.
Before then, older models can still be purchased directly from Apple or retailers like Target and Amazon; however, Apple Watch Series 9 and Ultra 2 models will no longer be sold online by December 21st (and retail stores on Christmas Eve), meaning they won’t be eligible for refunds or exchanges during their usual return periods.
Why did the ITC ban Apple Watch?
Masimo Medical Technologies claimed Apple violated their patents related to light-based pulse oximetry, harming Masimo by taking away employees and customers, using Masimo technology without authorization and using their technology without licensing agreements in the Apple Watch. The International Trade Commission agreed with them and issued its ruling.
This ruling prohibits both online and in-store sales of Apple Watch Series 9 and Ultra 2, which include pulse oximetry sensors. However, cheaper Apple Watch SE models without such features remain on sale for purchase.
Courts temporarily lifted Apple’s appeal of the ban but did not reverse it. The Biden administration is likely to allow this ruling to stand, even with presidential veto powers in play. Apple could attempt to reach a settlement agreement with Masimo or find ways around its two patents; however, this process may take some time and may or may not yield positive results.
What can I do?
Those planning on purchasing an Apple Watch Series 9 or Ultra 2 smartwatch this holiday season should do so before Thursday as Apple will no longer sell them in the U.S. Once that day has come and passed, no retailer may sell these smartwatches either directly from them or indirectly via retailers who stock them.
Masimo has taken action against two models’ blood oxygen monitoring features after an intellectual property dispute led them to ban them; that decision came down in October and now sits with the White House for 60 days to review and potentially overrule it.
Existing watches you already own will continue to function normally, while for those interested in purchasing new models, the Apple Watch Series 8 remains available online and at Apple retail locations; additionally, the lower priced Apple Watch SE offers some similar functionality at a reduced cost – this ITC ruling only affects sales of newly manufactured watches.
What will happen next?
What comes next remains uncertain. Apple has informed its retailers that direct sales of Series 9 and Ultra 2 watches will cease, yet these watches continue to be sold by resellers such as Best Buy and Amazon.
Apple and Masimo, a medical technology company which owns patents related to the blood oxygen sensor feature of new Apple Watch models. The ITC upheld an earlier ruling finding that these two devices violate Masimo’s patents; currently sitting within its 60-day Presidential Review Period which ends December 25.
This disruption only impacts Apple Watch Series 9 and Ultra 2 models; other older Apple Watches or their budget-friendly SE model do not feature blood oxygen monitoring capabilities. Furthermore, this disruption does not impede on Apple’s planned launch of Series 10 with an improved heart rate sensor in February 2024.
